“Overhauling India’s Legal Framework: Amit Shah’s Ambitious Reforms for Criminal Justice

Table of Contents:-

1. Introduction
2. Consultation and Development
3. Key Provisions of the Bills
   • 3.1. Repeal of Sedition Statute
   • 3.2. Offences Defined and Property Confiscation
   • 3.3. Replacement of Existing Laws
   • 3.4. Fugitive Criminals and In Absentia Trials
   • 3.5. Bhartiya Nyaya Sanhita Amendments
   • 3.6. Bharatiya Nagarik Suraksha Sanhita Reforms
   • 3.7. Bharatiya Sakshya Bill Changes
4. Strengthening Women’s Rights and Reporting
   • 4.1. Mandatory Videotaping of Survivor Statements
   • 4.2. Crimes by Deception Categorized
   • 4.3. Victim Consultation and Case Withdrawal
5. Enhancing Accountability and Transparency
   • 5.1. Community Service Implementation
   • 5.2. Time Limits for Chargesheet Filing
   • 5.3. Prosecution Sanctions and Evidence Presentation
   • 5.4. Videography of Search and Seizure
   • 5.5. Forensic Evidence Collection and Conviction Rate
   • 5.6. Transparency in Police Custody Information
6. Strict Measures against Abuse of Sentence Remission
7. Conclusion

1. Introduction:- 

Home Minister Amit Shah has presented a series of groundbreaking bills in the Lok Sabha, aimed at revolutionizing India's criminal justice system. These proposed bills hold the potential to bring significant reforms and redefine the legal landscape of the nation.

2. Consultation and Development:–

Developed after extensive consultations with various stakeholders, including esteemed judges from the Supreme Court and High Courts, representatives from Law Universities, Chief Ministers, Governors, and other experts, the bills have also been influenced by recommendations from notable committees.

3. Key Provisions of the Bills:–

3.1 Repeal of Sedition Statute:

One of the central tenets of these bills is the abolition of the sedition statute. This long-awaited move is aimed at ensuring a more comprehensive and precise definition of offenses against the state. The bills delineate categories like terrorism, separatism, armed rebellion, and challenges to national sovereignty for the first time.

3.2 Offences Defined and Property Confiscation:

The bills provide clear definitions of various offenses while also introducing the provision for property confiscation through court orders, strengthening the government’s ability to combat criminal activities.

3.3 Replacement of Existing Laws:

The bills are designed to replace outdated laws such as the Indian Penal Code of 1860, the Criminal Procedure Code of 1898, and the Indian Evidence Act of 1872. This strategic move reflects the government’s determination to modernize and streamline the legal framework.

3.4 Fugitive Criminals and In Absentia Trials:

A notable inclusion is the provision for trying and convicting fugitive criminals, even in absentia, ensuring that justice is served regardless of the accused’s presence.

3.5 Bhartiya Nyaya Sanhita Amendments:

The Bhartiya Nyaya Sanhita bill seeks to abolish 22 IPC laws, amend 175 existing provisions, and introduce 8 new sections, with a total of 356 provisions. Notably, the bill abolishes the sedition offense while incorporating provisions for “Offences against the State.”

3.6 Bharatiya Nagarik Suraksha Sanhita Reforms:

This bill recommends the repeal of nine provisions of the CrPC, proposes amendments to 160 of them, and introduces nine new provisions. The bill is divided into 533 sections.

3.7 Bharatiya Sakshya Bill Changes:

The Bharatiya Sakshya Bill repeals 5 sections of the current Evidence Act, proposes changes to 23 others, and introduces one new provision, totaling 170 sections.

4. Strengthening Women’s Rights and Reporting:–

4.1 Mandatory Videotaping of Survivor Statements:

In cases of sexual abuse against women, the bills mandate the videotaping of survivor statements, ensuring a more secure and reliable process for collecting evidence.

4.2 Crimes by Deception Categorized:

A significant step is the categorization of crimes involving marriage or sexual relations through deception, adding more clarity and severity to such offenses.

4.3 Victim Consultation and Case Withdrawal:

The bills require the police to inform victims of complaint statuses within 90 days and necessitate victim consultation before withdrawing cases punishable by seven years or more.

5. Enhancing Accountability and Transparency:

5.1 Community Service Implementation:

Community service is proposed as a measure for specific crimes, emphasizing restorative justice practices.

5.2 Time Limits for Chargesheet Filing:

Strict time limits are set for filing chargesheets, with 90 days for initial filing and the potential for an additional 90 days if required.

5.3 Prosecution Sanctions and Evidence Presentation:

The bills establish a 120-day window for the government to decide on prosecution sanctions against police personnel and civil officials. Presenting evidence before the court is streamlined, and the inclusion of retired police officers for testimony is specified.

5.4 Videography of Search and Seizure:

Videography during search and seizure operations becomes mandatory, bolstering transparency and accountability.

5.5 Forensic Evidence Collection and Conviction Rate:

The bills aim to raise the conviction rate to 90% by making forensic evidence collection mandatory for crimes punishable by seven years or more.

5.6 Transparency in Police Custody Information:

A significant move is the requirement for police officers to inform the relatives of accused individuals of their custody status, both online and in print.

6. Strict Measures against Abuse of Sentence Remission:

To prevent the misuse of sentence remission rules, the bills limit the commutation of death sentences to life imprisonment, life sentences to seven years, and waiving of seven-year imprisonment to three years.

7. Conclusion: –

Home Minister Amit Shah’s introduction of these bills in the Lok Sabha marks a pivotal moment in India’s legal history. With comprehensive reforms, greater accountability, and enhanced transparency, these bills have the potential to reshape the country’s criminal justice system and deliver justice more effectively to its citizens.